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A defendant shall be punished by imprisonment for six months and by a fine of seven thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. Violation of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts (i.e., brokerage of commercial sex acts), Defendant 1 operated a commercial sex acts establishment with five inside rooms and three shower rooms on the second floor of the building B in Osan-si, Osan-si. Around March 27, 2018, Defendant 2 arranged commercial sex acts for business purposes against many unspecified customers by receiving KRW 110,000 won for commercial sex acts from the slope D who is most likely to be a customer at the above establishment around March 27, 2018 and providing guidance to the said establishment one inside room to enable female employees E and sexual intercourse. From November 201, 2017 to March 22:40, 2018.
2. No person in violation of the Educational Environment Protection Act shall operate a business to provide services in an educational environment protection zone where physical contacts between unspecified persons or sexual acts, such as exposure to sealed parts, are conducted, or any other similar acts are likely to be conducted;
Nevertheless, from the beginning of November 2017 to March 22:40, 2018, the Defendant was equipped with a mast, shower room, and shower room partitioned by door and wall at the above establishment located within 200 meters in a straight line from the boundary line of a kindergarten affiliated with FF school (in a relative protection zone), and installed a shower inside a marina room, and then operated a business providing services that are likely to cause physical contacts between unspecified persons or to cause other similar acts, such as exposure to sealed parts as described in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Data on field photographs;
1. Report on internal investigation (related to the rate of violation of the Act on the Protection of Educational Environment) and investigation report (attached to the land use planning institute);
1. Application of statutes on a commercial lease agreement and business registration certificate;
1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Selective Commercial Sex Acts and Subordinate Statutes concerning facts constituting an offense (a business)